"Namulo and Gadikibau were released, also in view of the time already served. The remaining eight, who pleaded innocent, appeared before the Court Martial on 16 February. Defence counsel for Privates Filimoni Raivalu, Jona Nawaqa, Lagilagi Vosabeci, and Ropate Nakau, Lance Corporal Usaia Rokobigi and Sergeants Peni Bitu, Kalisito Vuki and Viliame Tikotani, were given till 23 February to make their submissions. The military lawyer, Major Kitione Tuinaosara, revealed that he would be bringing in five new witnesses. Judge Advocate Graeme Leung ordered both parties to conduct a pretrial conference before the 23rd. Another adjournment was announced on 27 February,"
"been made by Parliament or any other authority or person in excess of their power under the Constitution. It consists of the Chief Justice and not less than four other justices. A Supreme Court hearing comprises not less than three justices of the Supreme Court. Courts Martial are empowered to try any person subject to military law, in addition to offences against the general law which are applicable to all persons who join the army. They can convened by the Force Commander or any General, Brigadier or Colonel or Officer of corresponding rank. A Court Martial consists of the President"
"Martial Appeal Board which was created in 1950, presided over by civilian judges and lawyers, and was the first ever civilian-based adjudicating body with authority to review decisions by a military court. The Court Martial Appeal Court is made up of civilian judges from the Federal Court, Federal Court of Appeal, and the superior courts of the provinces. Summary trials are ""ad hoc"" hearings used to dispense with minor service offenses. The Presiding Officer will have little formal legal training and is generally the service member's Commanding Officer. In this respect, these hearings are similar to the former lay magistrates'"
"those punishments available to a Commanding Officer. Someone who has chosen to have a charge heard by a Court Martial rather than summarily by a Commanding Officer cannot be given a punishment greater than the maximum available to the Commanding Officer. When trying a civilian who is subject to service discipline, the Court Martial consists of a Judge Advocate and a Board comprising civilian members, who do not participate in sentencing—the Judge Advocate sentences alone in the same way as in a Crown Court. Punishments which can be imposed on a civilian by the Court Martial include imprisonment, a fine"
"or community service but not service detention. The Court Martial Appeal Court, first established in 1951, hears appeals from the Court Martial. It is mostly made up of judges from the civilian Court of Appeal for England and Wales. Further appeal lies to the Supreme Court of the United Kingdom. The judges who preside over all hearings of the Service courts are known while they are sitting as ""judge advocates"". In the same way as other judges they are appointed by the Lord Chancellor following a process conducted by the Judicial Appointments Commission or, in the case of the Judge"
"general courts-martial (with the district courts-martial having more limited sentencing powers than the general courts-martial) was also abolished. The Court Martial may try any offence against service law, which includes all criminal offences under the law of England and Wales. Procedure is broadly similar to that of the Crown Court in England and Wales. The court is presided over by a judge advocate, and there is a board (similar to a jury) of between three and seven (depending on the seriousness of the offence) officers and warrant officers. Rulings on matters of law, practice and procedure are made by the"
"Court-martial A court-martial or court martial (plural ""courts-martial"" or ""courts martial"", as ""martial"" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Convention requires that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally,"
"Courts-martial of the United States Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial, Military Rules of"
"Marshal of the United States Supreme Court The Marshal of the United States Supreme Court heads the United States Supreme Court Police, a security police service answerable to the court itself rather than to the president or attorney general. It handles security for the Supreme Court building and for the justices personally. In accordance with : To carry out these duties, authorizes the Marshal to police the Supreme Court building and protect the Justices, employees of the Court, and visitors to the Court. The Marshal also has authority to make arrests in carrying out these duties. The office of Marshal"
"Courts-martial of Canada Courts-martial in Canada are trials conducted by the Canadian Armed Forces. The Chief Military Judge is Colonel Mario Dutil. Such courts martial are authorized under the National Defence Act. Civilians with a military unit also become subject to the courts-martial system. Most commonly, courts-martial are convened to try members of the Canadian military for criminal violations of the Code of Service Discipline, which is the Canadian military's criminal code. The constitutionality of military courts-martial was upheld by the Supreme Court of Canada in R v Généreux, but changes were mandated to ensure judicial independence. It was also"
"President of Division. The Chief Justice bears the title of the ""premier président"", or President of the Court, who supervises the presiding justices of the various divisions. The Chief Justice is the highest-ranking judicial officer in the country and is responsible for administration of the Court and the discipline of justices. The current Chief Justice is . The Court also includes 12 masters (""auditeurs""), the lowest rank of justice, who are primarily concerned with administration. There is, in addition to the abovementioned six divisions, a separate organization known as the Divisional Court (""chambre mixte""). The Divisional Court adjudicates where the"
"judge whose capacity is little different from that of an Article III judge in a U.S. district court. At the same time, the ""court-martial"" itself (the panel of officers hearing the case and weighing the evidence) has converted from being essentially a board of inquiry/review presiding over the trial, into a jury of military service-members. The current version of the UCMJ is printed in latest edition of the ""Manual for Courts-Martial"" (2012), incorporating changes made by the President (executive orders) and National Defense Authorization Acts of 2006 and 2007. Courts-martial are conducted under the UCMJ and the ""Manual for Courts-Martial"
"Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals, and the Air Force Court of Criminal Appeals. Courts-martial are judicial proceedings conducted by the armed forces. The Continental Congress first authorized the use of courts-martial in 1775. From the time of the American Revolutionary War through the middle of the twentieth century, courts-martial were governed by the Articles of War and the Articles for the Government of the Navy. Congress's authority ""To make Rules for the Government and Regulation of the land and naval Forces"" is contained in the United States"
"as the convening authority. The tribunal is established with the express purpose of considering a set of charges that the commander has referred to the court. The convening Authority considers the statutory prescription offered by the United States Congress, those ""best qualified,"" in selecting the ""panel"" or jury for the court-martial. In turn, the members of the court-martial, who are generally under the command of the convening authority, take an oath to ""faithfully and impartially try, according to the evidence, their conscience, and the laws applicable to trial by court-martial, the case of the accused."" By their oath, the panel"
"military tribunals in times of war is established by law. In times of peace they have jurisdiction only for military crimes committed by members of the Armed Forces. The High Council of the Judiciary is presided over by the President of the Republic, two-thirds of its members are elected by all the ordinary judges belonging to the various categories, and one third are elected by Parliament in joint session from among university professors of law and lawyers with fifteen years of practice. Its vice-president is elected by the Council from among those members designated by Parliament. The members of the"
"special court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense. A general court-martial is the highest court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of five officers sitting as a panel of court-martial members. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused may also request trial by judge alone. In a general court-martial, the maximum punishment is that set for each offense under the Manual for Courts-Martial (MCM), and may include"
"material from: Haydn's ""Book of Dignities"", 12th ed. (1894; reprinted 1969) Judge Advocate General of the Armed Forces In the United Kingdom, the Judge Advocate General and Judge Martial of all the Forces is a judge responsible for the court-martial process within the Royal Navy, British Army and Royal Air Force. As such the post has existed since 2008; prior to this date the Judge Advocate General's authority related to the Army and the RAF while the Judge Advocate of the Fleet was his equivalent with regard to the Royal Navy. A Judge Martial is recorded as serving under the"
"judge advocate, whilst findings of guilt or innocence are made by the board by a simple majority of the members. For deliberations on sentence the judge advocate is joined by the board, which is a distinctive and unique feature of the Court Martial. The punishments which can be imposed by a Court Martial range from imprisonment in a civilian prison (for any period up to life if the offence warrants it), detention at the Military Corrective Training Centre in Colchester for two years or less, dismissal from the armed services (with or without disgrace), or an unlimited fine, down to"
"it under influence (a civilian crime) would fall under military jurisdiction. During a war, the Finnish law gives an option of founding Courts Martial to handle military crimes. The Courts Martial would be founded by the Government. The Chief Judge of a Court Martial would be a legally trained person elected by the Supreme Court, while the two other Judges would be servicemembers elected by a Court of Appels. One of the Judges would be a commissioned officer, while the other would be a warrant officer, non-commissioned officer or a rank-and-file servicemember. The judgments of the Court Martial could be"
"Court represents the Constitutional Court, take charge of the affairs of the Constitutional Court, and directs and supervises public officials under his or her authority. Further, the President is the Chairman of the Council of Justices and the presiding Justice of the Full Bench of the Constitutional Court. The Constitutional Court is composed of nine Justices qualified to be court judges and appointed by the President. Three Justices are appointed from persons selected by the National Assembly, and three appointed from persons nominated by the Chief Justice of the Supreme Court. The Justices exercise jurisdiction in judgments as a member"
"martial are conducted and presided over by military personnel and exist for the prosecution of military personnel, as well as civilian personnel who accompany military personnel, accused of violating the ""Code of Service Discipline"", which is found in the ""National Defence Act"", RSC 1985, c N-5 and constitutes a complete code of military law applicable to persons under military jurisdiction. The decisions of the courts martial can be appealed to the Court Martial Appeal Court of Canada which, in contrast, exists outside the military and is made up of civilian judges. This appellate court is the successor of the Court"
"Court Martial Appeal Court of Canada The Court Martial Appeal Court of Canada (CMAC) () hears appeals from Courts-martial of Canada (""courts martial""). In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge. They have the jurisdiction to try military personnel, and those civilian personnel that accompany military personnel abroad, for crimes that contravene the Code of Service Discipline and the National Defence Act; which incorporates many of the offences under the Criminal Code and related statutes. The CMAC was established in 1959 by Parliament under the National Defence Act, to"
"determined that off-duty conduct can also fall under a court martial. Since 2014, decisions of Canada's courts-martial have been available online. Decisions of Canadian Courts-Martial can be appealed to the Court Martial Appeal Court of Canada, a body made up of civilian judges. Courts-martial of Canada Courts-martial in Canada are trials conducted by the Canadian Armed Forces. The Chief Military Judge is Colonel Mario Dutil. Such courts martial are authorized under the National Defence Act. Civilians with a military unit also become subject to the courts-martial system. Most commonly, courts-martial are convened to try members of the Canadian military for"
"of Session, where they are known as ""Lords of Council and Session""; in the Court of Session the Lord Justice General is called the Lord President of the Court of Session. The Lord Justice General is the most senior judge of the High Court of Justiciary. The Lord Justice General will sit as chairperson in the Court of Criminal Appeal. The Justice Clerk is the second most senior judge of the High Court, and deputises for the Lord Justice General when the latter is absent, or is unable to fulfil his duties, or when there is a vacancy for Lord"
"a general court-martial or special court-martial chooses to be tried by members rather than by a military judge alone, then the members are responsible for both rendering a verdict and a sentence should the accused be found guilty of the charges. The charges are brought forward by an officer called a ""convening authority"", and the convening authority also personally selects each of the members who will try the accused. The charges which have been levied by the convening authority are prosecuted at courts-martial by Judge Advocates called ""trial counsel"". Accused persons facing general or special courts-martial receive representation free of"
"and High Court judges from the Family Division. Magistrates' courts are the criminal court where all criminal proceedings start. They are presided over by a bench of lay magistrates (a.k.a. justices of the peace), or a legally trained district judge (formerly known as a stipendiary magistrate), sitting in each local justice area. There are no juries. They have jurisdiction to hear minor criminal cases, as well as certain licensing appeals. Youth courts are run on similar lines to adult magistrates' courts but deal with offenders aged between the ages of ten and seventeen inclusive. Youth courts are presided over by"
"usage, whether used as a noun or verb. However, in British usage, a hyphen is used to distinguish between the noun, ""court martial"", and the verb, ""to court-martial"". Usually, a court-martial takes the form of a trial with a presiding judge, a prosecutor and defensive counsel (all trained lawyers as well as officers) and (in some cases) a panel of officers (and sometimes enlisted personnel) acting as jury. The precise format varies from one country to another and may also depend on the severity of the accusation. Courts-martial have the authority to try a wide range of military offences, many"
"murder"". Following the indictments, Maj. R. Whigham and Col. James St. Clair ordered Bolton to appear for the prosecution, as he was considered less expensive than hiring a barrister. Bolton vainly requested to be excused, writing, ""My knowledge of law is insufficient for so intricate a matter."" The first court martial opened on 16 January 1901, with Lieut.-Col. H.C. Denny presiding over a panel of six judges. Maj. J.F. Thomas, a Solicitor from Tenterfield, New South Wales, had been retained to defend Maj. Lenahan. The night before, however, he agreed to represent all six defendants. The ""Visser Incident"" was the"
"appeal of their cases to the United States Supreme Court. None of these bills has been enacted, and as of 2010 there is legislation pending. Courts-martial of the United States Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial"
"was created by statute in 1867. The Marshals since that date have been: Marshal of the United States Supreme Court The Marshal of the United States Supreme Court heads the United States Supreme Court Police, a security police service answerable to the court itself rather than to the president or attorney general. It handles security for the Supreme Court building and for the justices personally. In accordance with : To carry out these duties, authorizes the Marshal to police the Supreme Court building and protect the Justices, employees of the Court, and visitors to the Court. The Marshal also has"
"tribunal consists of an odd number of arbitrators, one of them may be designated as the umpire or chairman. The selection of title carries some significance. When an arbitrator is ""chairman"", then they will not usually exercise any special or additional powers, and merely have a presidential function as the tribunal member who sets the agenda. Where a member of the tribunal is an umpire, they usually do not exercise any influence on proceedings, unless the other arbitrators are unable to agree — in such cases, then the umpire steps in and makes the decision alone. In some legal systems,"
"Judge Advocate General of the Armed Forces In the United Kingdom, the Judge Advocate General and Judge Martial of all the Forces is a judge responsible for the court-martial process within the Royal Navy, British Army and Royal Air Force. As such the post has existed since 2008; prior to this date the Judge Advocate General's authority related to the Army and the RAF while the Judge Advocate of the Fleet was his equivalent with regard to the Royal Navy. A Judge Martial is recorded as serving under the Earl of Leicester in the Netherlands in 1587-88. There were Judge"
"the Court Martial. Punishments which can be handed down by the Court include imprisonment for up to 12 months (or 65 weeks for two or more offences), a fine or community service. Appeals from the Service Civilian Court lie to the Court Martial. An appeal is dealt with by the Court Martial by re-hearing the charge or decision on punishment. The Armed Forces Act 2006 established the Court Martial as a permanent standing court, effective from 1 November 2009. Previously courts-martial were convened on an ""ad hoc"" basis. The distinction, applicable in the Army and RAF, between district courts-martial and"